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A Jurisdictional Determination (JD) is a two step process of 1) identifying and locating aquatic resources (including wetlands) on a property, which is referred to as a Delineation, and 2) determining whether those areas are regulated by the U.S. Army Corps of Engineers under section 404 of the Clean Water Act and/or
A jurisdictional determination is a decision by the Army Corps of Engineers as to whether areas on your property are regulated under federal statutes. A federally-regulated wetland, lake, pond or stream is called a waters of the U.S.
The Corps regulatory jurisdiction extends to tidal waters of the United States, non-tidal waters of the United States, and territorial seas. Corps jurisdiction over tidal waters of the United States is outlined in Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act.
APPROVED JURISDICTIONAL DETERMINATION (AJD): A process used by the Corps to make a definitive, official determination whether aquatic resources in the review area are or are not jurisdictional (33 CFR 331.2). The only USACE process for determining that an aquatic resource is NOT jurisdictional is an AJD.
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